As Amended March 29, 2016
Changes to Terms of Service and Notices
Soccratis may modify the Terms at any time, under its discretion. Should there be any material changes to the Terms, Users shall be notified with a one (1) month notice prior to the effective date of the new terms. It shall be posted on Services and on the Company mobile application if applicable. At the beginning of each set of Terms, the effective date shall be posted. Users agree the continued access of Services after the effective date, warrants their acceptance to the modifications.
Service and Eligibility
Soccratis is an Internet based company that provides a platform for Users to coordinate coaching and instruction for soccer players in order to improve their skills in the sport. This allows Users, including coaches and athletes, an arena in order to exchange services. In order to use Services, Users must be 18 years old, or older, and have the requisite power and authority to accept these Terms. However, Soccratis believes in the improvement of all players, and the advancement of the sport of Soccer, and understands that many soccer players who may seek instructions are under the age of 18. Therefore, players who wish to use Services are expressly required to have the full legal consent of their legal parent or guardian prior to using Company Services.
Soccratis does not monitor or coordinate the instruction that takes place between coaches and players. Company simply provides a platform that allows coaches to link with players. It is a player's sole responsibility to conduct research and due diligence to choose a coach that they feel is best suited for their advancement of their skills. All coaching and instruction decisions are left fully up to the individual coaches themselves, and Soccratis has no involvement in any coaching or instructions plan, or otherwise. All Users who use Company Services hereby consent and agree to hold coaches and instructors liable for any dissatisfaction of service directly related to the style, manner, instruction, plan, timing, reliability, or otherwise of the coach or instructor.
People, businesses, or otherwise, may not access Services if they are a known or unknown competitor, or if they have been previously banned from Services. If you are using Services on behalf of a company, entity, or organization, then you represent and warrant you are: an authorized representative of such organization; have the requisite authority to bind the organization to these Terms; and agree to be bound by these Terms on behalf of such organization.
Company grants Users permission to use Services subject to all restrictions set out in these Terms. Use of Services is at User's own risk, including the risk of exposure to offensive, indecent, inaccurate, objectionable, or otherwise inappropriate content.
Soccratis provides Services to Users, and Services may be interrupted, suspended, un-secure, modified, updated, discontinued, or unavailable in particular locations. This may happen without notice from Company, and Company shall not be held liable for any problems regarding Services availability.
In order to use Services, Users may create a User Account and provide personal information for its creation. Users are solely responsible for remembering and maintaining the security of their User names and passwords. User must notify and of any unauthorized access to user Accounts. Soccratis may suspend, terminate, modify, or delete User Accounts, with or without notice, to Users, at any time and for any reason. Users are required to provide complete and accurate information in the creation of their User Accounts. Users are expressly prohibited form creating names with false information, false names, false business names, or creating multiple User Accounts.
Users may delete their Account, Account Content, and all other Account information, at any time, by sending an email to Soccratis to the address below with the following subject line:
Subject: Account Termination
Communication and Data Retention
Users with User Accounts must submit an email address where they can receive emails from Company and other Users, regarding communication in connection with Services. Members may opt out of communications by following the directions located at the bottom of each communication.
Highly sensitive information ("HSI") includes, but is not limited to: User financial information, email addresses, passwords, and usernames. Soccratis will keep HSI for the shortest possible duration that is reasonably necessary in order to carry out the task for which it was collected. Soccratis has taken all reasonable and appropriate security measures to ensure the security of HSI. Furthermore, any and all data and communications shall be retained to minimally meet any applicable legal or ethical reporting or document retention requirements.
Company Intellectual Property
Soccratis owns all intellectual property connected to Services, including but not limited to its website, applications, or otherwise. This shall include visual interfaces, graphic design, website design, logo, application development, interactive features, compilation, technological code, software, Company hardware, and any method of compiling or analyzing Users' Content. This shall be considered Company intellectual property, which is protected worldwide by copyrights, trademarks, trade secrets, and any other applicable intellectual property rights. These rights shall apply to property now existing or that which is created in the future by Company. User may not copy, reproduce, distribute, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of Company content on Services. Such unauthorized use may violate copyright, trademark, and communication regulations.
Soccratis shall be able to use any ideas or suggestions made by Users in their Company Services, if Company chooses to do so. User is not entitled to any remuneration of any kind, under any circumstances, for such information. Any submitted suggestion shall provide Company with complete ownership and any intellectual property rights arising therefrom. Soccratis shall be entitled to unrestrictive use of such information.
The following Copyright Policy (the "Policy") explains how Soccratis respects the intellectual property rights (the "IP Rights") of others and describes Company's policy concerning rules and regulations of its Company and Services. If anyone believes their IP Rights have been infringed, please contact Soccratis with contact information found in the Contact Information Section located at the end of this Policy.
1610 Spreckels Lane
Redondo Beach, CA
Subject: "Copyright Policy – DMCA Notification"
Any material misrepresentations regarding copyright violations may subject complainant to court costs and attorney fees.
User hereby agrees, while using Services, not to commit any of the following actions:
Third Party Sites and Embedded Content
Services may contain links, and embedded content from, third party websites, as well as services not operated by Company. Soccratis does not control these services. Linked sites may be provided as a service to Users, and does not imply any endorsement of the activities or content of these sites, nor any association with its operators. Users assume any and all risks, known or unknown, now existing or existing in the future, by following a link to a linked site.
Soccratis currently offers its Services free of charge. However, Company may in the future implement fees associated with its Services. Should Company implement fees in the future, it shall give all Users one (1) month notice prior to doing so, and will make such notice available to Users through its website, and may provide notice via e-mail to Users who have registered accounts with Company.
Limited Liability and Disclaimers
The following information applies to the maximum extent permitted under law. User rights are not limited beyond those they are rightfully entitled to. By using Soccratis Services, Users hereby agree to the following Terms, and Users forfeiting certain legal rights they may otherwise be entitled to you. If a User is uncertain of any of the following, it is suggested they consult a legal professional.
Class Action Waiver and Other Restrictions
Arbitration shall proceed solely on an individual basis without the right for any claims to be arbitrated on a class action basis or on bases involving claims brought in a purported representative capacity on behalf of others. The arbitrator's authority to resolve and make written awards is limited to claims between Users and Company alone. Claims may not be joined or consolidated unless agreed to in writing by all parties. No arbitration award or decision will have any preclusive effect as to issues or claims in any dispute with anyone who is not a named party to the arbitration. Notwithstanding any other provision in these Terms (including the "Continuation" provision below), and without waiving either party's right of appeal, if any portion of this "Class Action Waiver and Other Restrictions" provision is deemed invalid or unenforceable, then the entire Arbitration Provision (other than this sentence) shall sever and continue.
Users agree to indemnify, defend, and hold harmless, Company and Company Parties, from and against all: claims; injuries; damages; obligations; losses; lawsuits; attorney fees; legal fees or filing fees from any and all claims or demands made by any party related to Users' use of Service, website, or applications; violations of these Terms, goods and services purchased; or misuse of User accounts. Soccratis reserves the right to execute the exclusive defense of any issues arising out of such indemnification. Users are expressly prohibited from settling such claims without the prior written Consent of Company.
Users fully understand and accept in no way do these Terms, Services, or otherwise, create a joint venture, agency, partnership, or employment relationship with Company. Soccratis is not liable for any financial or other loss of Users in any way, on any transaction, under any circumstances. Users accept use of Company's Services often involves financial exchange, and the Company shall bear no liability or responsibility therefor.
Users and Soccratis agree these Terms are the complete and exclusive statement and the mutual understanding of the parties, and these Terms supersede and cancel all previous written and oral agreements and communications relating to the subject matter of this Agreement. Any waivers or amendments shall be effective only if made in writing and signed by an agent of the respective parties authorized to bind the parties.
Soccratis' failure to exercise, delay in exercising, any privilege, any power or any rights hereunder will not operate as a waiver thereof, nor will any single or partial exercise of any right or power hereunder preclude further exercise of any other right hereunder. If any provision of these Terms shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect and enforceable.
Termination and Survival
If a User breaches Terms, or any part of the Terms, in any way, then Company may take action up to, and including, suspending Users' access to Services or prohibiting them from accessing Company website or application. Soccratis may take these actions without liability or notice to you. If a User's account is terminated due to a breach in the Terms, Users will not be entitled to any refund of any kind. Furthermore, Users can be barred from any future use of Services.
All claims and disputes arising under or relating to these Terms and Services are to be settled by binding arbitration in the state of California or another location mutually agreeable to the parties. The arbitration shall be conducted on a confidential basis pursuant to the Commercial Arbitration Rules of the American Arbitration Association. Any decision or award as a result of any such arbitration proceeding shall be in writing and shall provide an explanation for all conclusions of law and fact and shall include the assessment of costs, expenses, and reasonable attorneys' fees. Any such arbitration shall be conducted by an arbitrator experienced in commercial arbitration and shall include a written record of the arbitration hearing. The parties reserve the right to object to any individual who shall be employed by or affiliated with a competing organization or entity. An award of arbitration may be confirmed in a court of diction.
Notice to California Users
Under California Civil Code Section 1789.3, users of Soccratis Services are entitled to the following contact information: The Complaint Assistance Unit of the Division of Consumer Services at the California Department of Consumer Affairs may be contacted in writing or by telephone at:
400 R Street, Suite 1080
Telephone: (916) 445-1254, or (800) 952-5210
1610 Spreckels Lane
Redondo Beach, CA